The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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A default judgment is appropriate “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend” itself in a lawsuit. Fed.R.Civ.P. 55(a). American Financial failed to participate in this case, despite the fact that it was provided with notice of it on February 3, 2021. (Doc. 18). Stacy Castaneda, sued both as an individual and as a parent and co-guardian of minors J.M.A., A.C., and M.C., was served on January 16, 2021. (Doc. 10). Marco Castaneda, sued as a parent and co-guardian of minors J.M.A., A.C., and M.C., was also served on January 16, 2021 through his spouse, Stacy Castaneda, as permitted by Fla. Stat. 48.03(2)(a). (Doc. 11). J.M.A., A.C., and M.C. were properly served through their parents, as permitted by Fla. Stat. 48.041(a). (Docs. 10, 11). Clerk's default has been properly entered against each of these Defendants. (Doc. 32, 46, 47).Per Curiam. Ricky Sweet appeals the circuit court's denial of his motion to vacate an injunction against repeat violence entered against him on April 30, 1998. See § 784.046, Fla. Stat. (1997). Sweet argues that the circuit court was obligated to grant his motion because the original injunction was void for lack of jurisdiction over his person. Although Sweet received notice of the petition and appeared at the final hearing, Sweet argues that he was only seventeen years old at the time and the service of process upon him did not comport with section 48.041, Florida Statutes (1997). We affirm the circuit court's order for the reasons which follow.The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.Petitioner was initially charged in juvenile delinquency petitions with two separate burglaries and grand theft. Notice of the arraignment was served on petitioner's mother, his listed guardian, at her place of employment. See § 48.041(1)(a), Fla. Stat. (2010) (providing that service of process on a minor may be accomplished by serving a parent or legal guardian). Petitioner failed to appear at arraignment and pickup orders issued. Petitioner then turned nineteen years old which deprived the court of jurisdiction to proceed in delinquency. See generally State v. Griffith, 675 So. 2d 911 (Fla. 1996); § 985.0301(5)(a), Fla. Stat. (2010).The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.Looking to the other provisions of rule 5.040(a)(3), we note that rule 5.040(a)(3)(C) provides that formal notice shall be served "as otherwise provided by Florida law for service of process." Since none of the provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service on a minor should be accomplished. Section 48.041( 1)(a) provides that service on a minor who has never been married shall be accomplished "[b]y serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031." § 48.041( 1)(a), Fla. Stat. (2003). Section 48.031(1)(a) provides, in pertinent part, that service is to be made by delivering to the person to be served "a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." § 48.031(1)(a), Fla. Stat. (2003). The babysitter in the instant case is… The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.In the instant case, Bolender served Thompson with a witness subpoena at the facility where Thompson was incarcerated. Thompson's attorney moved to quash the service on the grounds that Thompson had been adjudicated incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should have been served. The court reserved ruling on that motion, but Bolender never sought to serve the proper party or enforce the original subpoena.. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .
. . . provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041 . . . Section 48.041(l)(a) provides that service on a minor who has never been married shall be accomplished . . . a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.” § 48.041 . . . necessary to formulate a definition of the term "legal guardian” that applies to all cases in which section 48.041 . . .
. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .
. . . on natural persons under the following provisions: sections 48.081 (service of process generally), 48.041 . . .
. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .
. . . Under section 48.041, Florida Statutes (1979), his guardian should have been served. . . .
. . . . § 48.041-5(a)(2) (1986) (emphasis added). . . . .
. . . under the following provisions: Florida Statutes § sections 48.031 (service of process generally), §-48.041 . . .
. . . persons under the following provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 . . .
. . . F.S. 48.041(1); Davie v. Calton, 453 So.2d 185 (Fla. 3rd DCA 1984); Williams v. . . .
. . . reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041 . . . Section 48.041(1), Florida Statutes (1969), provides, in pertinent part, that process upon a minor who . . .
. . . . §§ 48.041(2) and 48.031, Fla. Stat. (1983). . . . However, appellant fails to read section 48.041(2) in pari materia with section 48.041(1). . . . Section 48.041(1) states that service on incompetents is accomplished by reading the process to the minor . . .
. . . McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977). . . . Defendant was not served in accordance with Section 48.041(1), Florida Statutes (1977). . . .
. . . in that it failed to comply with the requirements for service upon a minor as prescribed by section 48.041 . . .
. . . This case involves service of process on a minor pursuant to Section 48.041(1). . . . From this statement the trial judge concluded “that the reading requirement of Section 48.041 Florida . . .